Jun. 5, 2015
The final word: civil law developments in the state Supreme Court
The state Supreme Court adapts common law doctrines like assumption of risk and respondeat superior to today's business realities. Three recent cases on employer liability illustrate this process.
Stanley Mosk Courthouse
Joseph M. Lipner
Judge
Los Angeles County Superior Court
Harvard Law School, 1988
Bj Ard
Visiting Professor
University of Arizona James E. Rogers College of Law
Email: bj.ard@yale.edu
Yale Law School
BJ teaches contract law and e-commerce.
The state Supreme Court adapts common law doctrines like assumption of risk and respondeat superior to today's business realities. Three recent cases on employer liability illustrate this process. In one, a divided court extended the primary assumption of risk doctrine, insulating families from suit by home health care workers injured while caring for Alzheimer's patients. The court majority reasoned that primary assumption of risk applies because...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In